10-13 Electric Cooperative Corporations
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<![CDATA[CHAPTER 10-13ELECTRIC COOPERATIVE CORPORATIONS10-13-01. Purposes of electric cooperatives. A cooperative may be organized andoperated as an electric cooperative under the general law governing cooperatives and this<br>chapter for the purpose of engaging in rural electrification by any one or more of the following<br>methods:1.The furnishing of electric energy to persons in rural areas who are not receiving<br>central station service.2.The furnishing of assistance in the wiring of the premises of persons in rural areas or<br>in the acquisition, supply, or installation of electrical or plumbing equipment therein.3.The furnishing of electrical energy, wiring facilities, electrical or plumbing equipment,<br>or services to any other corporation, limited liability company, or cooperative<br>organized under this chapter or to the members thereof.4.The operation and maintenance of electrical cold storage and electrical processing<br>plants.5.The establishment and operation by itself or with any one or more electric<br>cooperatives of an electric generation or transmission cooperative for the purpose of<br>providing electric energy to other cooperatives, public utilities, municipalities, or any<br>department or agency of the state or federal government.10-13-02. Name of electric cooperative. The name of an electric cooperative mustinclude the words "electric cooperative". The name must be such as to distinguish it from any<br>other cooperative organized and existing under the laws of this state or authorized to do business<br>in this state. Only a cooperative organized subject to this chapter or authorized to do business<br>under this chapter may use the words "electric cooperative" in its name.10-13-03. Powers of electric cooperatives. In addition to the powers granted by thegeneral law governing cooperatives, electric cooperatives have the power:1.To generate, manufacture, purchase, acquire, and accumulate electrical energy and<br>to transmit, distribute, sell, furnish, and dispose of such electrical energy to its<br>members, and to other persons not in excess of ten percent of the number of its<br>members. However, a cooperative that acquires existing electrical facilities may<br>continue service to persons, not in excess of twenty percent of the number of its<br>members, who are already receiving service from such facilities without requiring<br>such persons to become members but such persons may become members upon<br>such terms as may be prescribed in the bylaws.An electric generation ortransmission cooperative providing electric energy to other cooperatives, public<br>utilities, municipalities, or any department or agency of the state or federal<br>government shall not be limited to the ten percent and twenty percent limitation on<br>the transmission, distribution, sale, furnishing, and disposal of electric energy as<br>provided in this subsection.2.To establish, maintain, and operate electrical cold storage and electrical processing<br>plants.3.To construct, erect, purchase, lease as lessee, and in any manner acquire, own,<br>hold, maintain, operate, sell, dispose of, lease as lessor, exchange, and mortgage<br>plants,buildings,works,machinery,supplies,equipment,apparatus,andtransmission and distribution lines or systems necessary and proper for the<br>operation of its business.Page No. 14.To assist only its members to wire their premises and install therein electrical and<br>plumbing fixtures, machinery, supplies, apparatus, and equipment of any and all<br>kinds and character, and in connection therewith and for such purposes, to<br>purchase, acquire, lease, sell, distribute, install, and repair electrical and plumbing<br>fixtures, machinery, supplies, apparatus, and equipment of any and all kinds and<br>character, and to receive, acquire, endorse, pledge, hypothecate, and dispose of<br>notes, bonds, and other evidences of indebtedness.5.To furnish to other corporations, limited liability companies, or cooperatives<br>organized under this chapter, or to the members thereof, electrical energy, wiring<br>facilities, electrical and plumbing equipment, and services.6.To use any highway, right of way, easement, or other similar property right owned or<br>held by the state or any political subdivision thereof in connection with the<br>acquisition, construction, improvement, operation, or maintenance of its lines, with<br>the consent of the local authorities having control of the street or highway proposed<br>to be used for such purpose.7.Subject to chapter 32-15, to have and exercise the power of eminent domain to<br>acquire private property for its use, such right to be paramount except as to property<br>of the state or any political subdivision thereof.8.To fix, regulate, and collect rates, fees, rents, or other charges for electrical energy<br>and other facilities, supplies, equipment, or services furnished by it.9.To make contracts with other cooperatives, with public utilities, with municipalities, or<br>with any department or agency of the state or federal government, for the sale at<br>wholesale to, or interchange of electric energy with, such cooperatives, public<br>utilities, municipalities, or department or agency of the state or federal government,<br>and, notwithstanding any provisions of this chapter, such cooperatives, public<br>utilities, municipalities, or department or agency of the state or federal government<br>shall be eligible to membership in cooperatives organized under this chapter.10.To establish and operate by itself or with any one or more electric cooperatives an<br>electric generation or transmission cooperative for the purpose of providing electric<br>energy to other cooperatives, public utilities, municipalities, or any department or<br>agency of the state or federal government.10-13-04. Members of electric cooperatives. All persons who are not receiving centralstation service and who reside in rural areas proposed to be served by a cooperative organized<br>under this chapter shall be eligible to membership in the cooperative. No person other than the<br>incorporators shall be, become, or remain a member of a cooperative unless such person shall<br>use or agree to use electrical energy or the facilities, supplies, equipment, and services furnished<br>by a cooperative."Rural area" means any area not included within the boundaries of an incorporated cityhaving a population in excess of twenty-five hundred inhabitants at the time a corporation or<br>cooperative commences to operate electric facilities or to furnish electric energy in such an area,<br>and includes both the farm and nonfarm population thereof.No change thereafter in thepopulation of a rural area, as defined herein, regardless of the reason for such change, shall<br>operate to affect in any way its status as a rural area for the purposes of this chapter.An electric cooperative organized under this chapter may become a member of anothersuch electric cooperative and may avail itself fully of the facilities and services thereof.10-13-05.Nonprofit basis - Rates and fees.Each electric cooperative shall beoperated without profit to its members, but the rates, fees, rents, or other charges for electrical<br>energy and for any other facilities, supplies, equipment, or services furnished by the cooperative<br>shall be sufficient at all times:Page No. 21.To pay all the operating and maintenance expenses necessary or desirable for the<br>prudent conduct of its business and the principal and interest on the obligations<br>issued or assumed by the cooperative in the performance of the purpose for which it<br>was organized.2.For the creation of reserves.10-13-06. Use of revenue - Dividends. The revenues of an electric cooperative shall bedevoted first to the payment of operating and maintenance expenses and the principal and<br>interest on outstanding obligations, and thereafter, to such reserves for improvement, new<br>construction, depreciation, and contingencies as the board of directors from time to time may<br>prescribe. Revenues not required for the purposes set forth in this section shall be returned from<br>time to time to the members of the cooperative in cash, in abatement of current charges for<br>electrical energy, or otherwise as the board of directors may determine on a pro rata basis<br>according to the amount of business done with each during the period. Such return may be<br>made by way of general rate reduction to the members if the board of directors so elects.10-13-07. Excise tax exemption - License fee. Repealed by S.L. 1965, ch. 97, </p>
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